Section 4
Section 4 of the Road Traffic Act 1988 creates the offence of driving or being in charge of a mechanically propelled vehicle on a road or other public place when unfit due to drink or drugs
4(1) Driving or attempting to drive when unfit due to drink or drugs
A person who, when driving or attempting to drive a mechanically propelled vehicle on a road or other public place is unfit to drive through drink or drugs is guilty of an offence.
4(2) Being in charge of a vehicle when unfit due to drink or drugs
Without prejudice to subsection (1) above, a person who, when in charge of a mechanically propelled vehicle which is on a road or other public place, is unfit to drive through drink or drugs is guilty of an offence.
4(3) No likelihood of driving while unfit
For the purposes of subsection (2) above, a person shall be deemed not to have been in charge of a mechanically propelled vehicle if he proves that at the material time the circumstances were such that there was no likelihood of his driving it so long as he remained unfit to drive through drink or drugs.
4(4) Determining likelihood of driving
The court may, in determining whether there was such a likelihood as is mentioned in subsection (3) above, disregard any injury to him and any damage to the vehicle.
4(5) Definition of unfit to drive
For the purpose of this section, a person shall be taken to be unfit to drive if his ability to drive properly is for the time being impaired.
Notes
MPV
The term 'mechanically propelled vehicle' has a wider meaning that 'motor vehicle' as the former does not have to be 'intended or adapted for use on a road'.
Section 4(1)
Summary: Maximum 6 months imprisonment and/or a fine
Section 4(2)
Maximum 3 months imprisonment and/or a fine not exceeding £2,500
Section 4(1) only
Mandatory disqualification from driving
Section 4(2) only
Disqualification from driving can be given at discretion
Licence endorced with ten penalty points
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